TRANSPARENCY IN THE MISSOURI LEGISLATURE

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1 TRANSPARENCY IN THE MISSOURI LEGISLATURE HOW LEGISLATORS KEEP RECORDS AND MEETINGS SECRET FROM THE PUBLIC AND PRESS A Clean Missouri Report - June 2018 Paid for by Clean Missouri Nimrod Chapel Jr., Treasurer

2 EXECUTIVE SUMMARY Official meetings are supposed to be open to the public, but there have been government meetings held in private country clubs and Missouri citizens have been kicked out of public hearings. The state legislature even keeps their own records secret, yet expects others to follow open government laws. A recent Missouri court ruling has allowed the legislature to essentially ignore some of the Sunshine Law, despite bipartisan agreement that the Missouri General Assembly needs to be more transparent and accountable. Both Republican and Democratic state auditors have called for the legislature to come into compliance with the Sunshine Law. Legislators from both parties have refused to turn over their s to reporters in Sunshine requests. At the same time, legislators from both parties have demonstrated that compliance is possible. Reporters and citizens have been denied the right to record public hearings. Legislative committees have met in private country clubs and restaurants instead of publicly accessible hearing rooms where proceedings may have been recorded. No matter what party you believe in, this isn't right. The Clean Missouri initiative will require that the General Assembly operate under the same open records law as other public entities in Missouri. Initiative text reads as follows: Legislative records shall be public records and subject to generally applicable state laws governing public access to public records, including the "Sunshine Law." Legislative records include, but are not limited to, all records, in whatever form or format, of the official acts of the general assembly, of the official acts of legislative committees, of the official acts of members of the general assembly, of individual legislators, their employees and staff, of the conduct of legislative business and all records that are created, stored or distributed through legislative branch facilities, equipment or mechanisms, including electronic. Each member of the general assembly is the custodian of legislative records under the custody 1

3 and control of the member, their employees and staff. The chief clerk of the house or the secretary of the senate are the custodians for all other legislative records relating to the house and the senate, respectively. Legislative proceedings, including committee proceedings, shall be public meetings subject to generally applicable law governing public access to public meetings, including the "Sunshine Law." Open public meetings of legislative proceedings shall be subject to recording by citizens, so long as the proceedings are not materially disrupted.... Read the full Clean Missouri initiative policy here. 2

4 BIPARTISAN AGREEMENT: LEGISLATORS ARE NOT BEING TRANSPARENT Republican and Democrat State Auditors have both criticized legislative leaders for ignoring the Sunshine Law For years, some legislative leaders and members have claimed that Missouri s Sunshine laws don t apply to their s, records, and even claimed exemption for some committee meetings. Former GOP Auditor Tom Schweich s 2013 Senate audit read: It is a double standard for the legislature to impose additional requirements on other public governmental bodies while enjoying a blanket exemption from the Sunshine Law. His audits found numerous shortcomings, including this report on the House : The Committee on Administration and Accounts does not maintain formal written meeting minutes, as required by state law. The House lacks a formal written policy regarding the use and retention of correspondence and asserts that the Sunshine Law does not apply to records of individual members... Democrat State Auditor Nicole Galloway reported in her Senate and House audits, The two chambers have significant shortcomings when it comes to open records and policies related to the Sunshine Law. Leaders in both parties have refused to turn over records Sunshine Week: Some Republican and Democrat leaders denied requests to abide by Sunshine Law. Three of Missouri s top four lawmakers the House speaker, Senate president pro tem and Senate minority leader all denied requests to release their government s and daily calendars. The Missouri Sunshine Law applies to any public governmental body. The Legislature has interpreted that to cover its two chambers and various committees but not each individual lawmaker... House Minority Leader Jake Hummel, a Democrat from St. Louis, was the only legislative leader to release his records. He believes the Sunshine Law applies to individual lawmakers and has instructed House Democrats to comply. Gov. Jay Nixon also released his daily calendar and s, although the s consisted only of news clips and press releases. 3

5 Promises of openness have later changed to denials from Republican and Democrat leaders The Associated Press reported the following in 2016: Standing in front of dozens of editors and reporters, Missouri Senate President Pro Tem Ron Richard was asked if he believed the s and daily schedules of legislators should be open to the public under the state's Sunshine Law. All you have to do is ask for it and I'll give it to you. I don't care, Richard responded. Yet when The Associated Press submitted an open-records request for a week's worth of Richard's s and daily calendars, his yes changed to no. The Senate administrator responded on Richard's behalf with a written denial, asserting that individual senators are not subject to the law. The AP received similar denials for records from Senate Minority Leader Joe Keaveny and House Speaker Todd Richardson... Under the Missouri Sunshine Law, the fact that some s may contain sensitive information is not a reason for denying access to all s. Rather, the law lets particular records be redacted or withheld such as those dealing with welfare cases or mental and physical health proceedings while the rest are released. Conservative advocacy group: Ignoring the Sunshine Law "adds to mistrust" As the Kansas City Star reported in 2016, criticism of the secrecy transcends partisan divides. The law isn t intended to protect lawmakers who tell constituents one thing back home and then do another when they get to Jefferson City... There s a lot of mistrust of all levels of government right now, said Ryan Johnson, president of the conservative nonprofit Missouri Alliance for Freedom. This adds to that mistrust. 4

6 [One group] sued the Missouri Senate last year after senators repeatedly refused to allow the group to record video of public committee hearings. The Senate argues the state constitution gives it the authority to create its own rules, superseding the Sunshine Law... Republican Sen. Kurt Schaefer of Columbia recently turned over his s pertaining to interactions with University of Missouri officials to a reporter from a local television station [W]hen The Star requested the s of House Minority Leader Jake Hummel, a St. Louis Democrat, they were turned over within the hour. To pretend we re not subject to the Sunshine Law is laughable, Hummel said. With all the issues we ve had, the public perception of elected officials is pathetically low. Don t we owe it to the public to try to give them a little more faith in their legislature? 5

7 LEGISLATORS HAVE HELD BACK-ROOM HEARINGS IN PRIVATE COUNTRY CLUBS AND RESTAURANTS "Meetings should be held in facilities that are large enough to accommodate anticipated attendance by the public and accessible to persons with disabilities," according to Attorney General Hawley's guidance on complying with the Sunshine Law. But legislators have held hearings outside the Capitol in private venues, including literal back rooms, at least 40 times since Here are times that Missouri House members were audacious enough to publicly disclose their hearings in private venues, including: 16 in country clubs 16 in restaurants 7 in offices of special interests with business before the state 1 private residence 1 shooting range FIGURE 1: PUBLICLY NOTICED HEARINGS HELD IN PRIVATE VENUES Committee Date Location Provided Actual Venue Transportation & Special Committee on Infrastructure and Transportation Funding 04/12/2010 APAC MO Inc., 1591 E Prathersville Rd, Columbia, MO Office Downsizing State Government 02/22/11 MCTA, 223 E Capitol Drive Missouri Cable Telecommunications Association Tax Reform 03/01/ South Country Club Appropriations-Agricultur e and Natural Resources 03/16/2011 Rules 03/16/ Missouri Blvd., 516 S. Country Club Drive, Alexandro's Restaurant Local Government 03/30/ W. Truman Domenico's Italian Restaurant Rules 04/06/2011 Rules 04/13/2011 Tourism and Natural Resources 04/18/ S. Country Club Drive, 516 S. Country Club Drive, 1436 Southridge Dr., Das Stein Haus Restaurant and Bistro 6

8 Rural Committee Development 05/04/ W. Truman Blvd Domenico's Italian Restaurant Ways and Means 2012 Domenico s Restaurant & Lounge Domenico's Italian Restaurant Rural Committee Development 01/23/ W. Truman Blvd Domenico's Italian Restaurant Financial Institutions 02/01/2012 Tax Reform 02/13/ Missouri Blvd., 516 S Country Club, Alexandro's Restaurant Local Government 02/22/ Missouri Blvd. Alexandro's Restaurant International Trade and Job Creation 02/22/ West Truman Blvd Associated Industries of Missouri Appropriations-Agricultur e and Natural Resources 02/29/2012 Shooters Alley Indoor Range Shooters Alley Indoor Range Downsizing State Government Judiciary 03/28/2012 Rules - Pursuant to Rule 25(32)(F) 04/17/ /21/ East Capitol Avenue 1817 Hayselton Dr., Jefferson City 516 S. Country Club Drive-Jimenez Room Missouri Cable Telecommunications Association Office or residence Local Government 05/07/ S. Country Club Drive Utilities 01/29/2013 Insurance Policy 02/04/2013 Financial Institutions 02/06/2013 Professional Registration and Licensing 02/27/2013 Insurance Policy 03/04/ South Country Club Dr, 516 S Country Club Dr., 2125 Missouri Blvd, 409 W Miller St, Jefferson City, MO 4700 S Providence Rd, Alexandro's Restaurant Arris' Bistro & Liquid Lounge State Farm Insurance office Financial Institutions 03/05/ Missouri Blvd Alexandro's Restaurant Crime Prevention and Safety 04/02/ S Country Club Drive, Jefferson City Rules 04/09/ S Country Club Drive Local Government 04/16/ Madison Street, Jefferson City Madison's Cafe Judiciary 04/22/ Southridge Drive Das Stein Haus Restaurant and 7

9 Bistro Freshman Bipartisan Issue Development Committee 04/23/ East Capitol Avenue Flotron & McIntosh, LLC office Economic Development 04/29/13 Judiciary 05/06/2013 Crime Prevention and Safety 01/14/2014 Appropriations-General Administration 01/28/2014 Utilities 01/28/2014 Insurance Policy 02/04/2014 Judiciary 03/25/2014 Telecommunications 01/27/2015 Utility Infrastructure 01/28/ E High, Jefferson City, MO 516 S. Country Club Drive, 2125 Missouri Blvd, Jefferson City 2125 Missouri Boulevard, 516 S Country Club Dr., Jefferson City 516 South Country Club Drive, Jefferson City 1436 Southridge Drive, Jefferson City 516 South Country Club Drive, 516 South Country Club Dr., Lobbying firm: R J Scherr & Associates Alexandro's Restaurant Alexandro's Restaurant Das Stein Haus Restaurant and Bistro 8

VIDEO: A sham 'hearing' of a House committee captured by KRCG How KRCG described the scene one Tuesday night in January 2015: At first glance, it looks like any other Tuesday night dinner at the

10 VIDEO: A sham 'hearing' of a House committee captured by KRCG How KRCG described the scene one Tuesday night in January 2015: At first glance, it looks like any other Tuesday night dinner at the Jefferson City Country Club. Until you look at the guest list. Sitting around the two tables are members of the House Standing Committee on Telecommunications and the Missouri Telecommunications Industry Association the lobbying arm of the very group the committee is supposed to regulate. Tuesday night's dinner was an official committee meeting. The committee's chair, Rep. Bart Korman, called everyone to order a few minutes after 7 p.m., as scheduled. The only item on the agenda was a 15-minute presentation by the industry association's president and CEO, Richard Telthorst, on the history of the state's telecommunications laws. Because a majority of the committee was there, it became a publicly noticed hearing. One of the rare times a TV camera was allowed to be in the room, we were able to see the kind of thing that happens all the times in the Missouri legislature. 9

11 The telecom group that hosted this meeting spends about $4,000-5,000 each year feeding state lawmakers. So does the committee chair think this is a conflict of interest? Those are the guys you re supposed to be regulating.... The House Utilities Committee will get a dinner like the one you just saw at the country club tomorrow. Read the full KRCG story here. 10

12 REPORTERS HAVE BEEN PROHIBITED FROM DOING THEIR JOBS AT PUBLIC HEARINGS Video coverage of a Senate General Laws Committee hearing was banned in 2014 Despite the Sunshine Law allowing for video recording at public meetings, Sen. Brian Nieves effectively banned news cameras by prohibiting tripods and then banned recording altogether of a public hearing and vote on a gun rights bill. The chairman of the Senate General Laws Committee banned video coverage of the final debate and vote of his committee approving a bill that seeks to declare Missouri exempt from some federal gun laws. Earlier, a reporter for an NBC-affiliated television station had his camera removed by a Senate staffer from the committee on the a second day of hearings on the bill. The committee chairman, Sen. Brian Nieves, R-Franklin County, had warned TV reporters the week before that he would ban cameras on tripods and restrict access to areas where it would be impossible to get a full view of anyone testifying before the committee... After witnesses had finished testifying, however, Nieves announced that any further video recording was prohibited during the committee s executive session to debate and vote on the bill. Source: Nieves bans videotaping of session, Columbia News Tribune. This [was] the first time I can ever remember that television coverage of a hearing was effectively prohibited. This is the first time I can ever remember that television coverage of a hearing was effectively prohibited since executive committee meetings were opened up in the early 70s, said Phill Brooks, the dean of the press corps and the director of the state government reporting program of the University of Missouri School of Journalism. Without a tripod, you d get terrible shaky video, Brooks said. Brooks said that not only were tripods banned, but cameras were to be placed behind the seating 11

13 for general public, meaning for video all you will have is the back of the heads of the witnesses. Nieves had one of his staff order the reporter, Michael Doudna, a journalism school student, to remove the camera and tripod. There was no explanation for Nieves prohibition of videotaping of the committee s executive session, in which senators discuss and vote on the bills before them. Source: Senator bars television coverage.., Gateway Journalism Review Sometimes the Missouri General Assembly exists in an alternative universe where the Sunshine Law does not always apply. Jonathan Shorman, writing for the Springfield News-Leader about the incident: It's pretty clear cut: the Missouri Sunshine Law says video recording must be allowed at open meetings. But sometimes the Missouri General Assembly exists in an alternative universe where the Sunshine Law does not always apply. This past week, Sen. Brian Nieves, R-Washington, during a hearing on his gun nullification legislation in the Senate General Laws Committee where he is the chairman, kicked out a TV reporter who was attempting to film the hearing with a tripod. Nieves had previously decreed no tripods were allowed in his committee, a more strict requirement than on the Senate floor itself, where TV cameras are set up on tripods all the time. Nieves also requires anyone who wishes to film his committee to seek permission 24 hours in advance. This is problematic because hearings can be held with 24-hour notice. And lastly, in a new development, Nieves banned filming of the committee's executive session. In Senate parlance, executive session is when a committee debates and votes on a bill after the hearing, where senators hear testimony from the public. 12

14 This is arguably the most important part of the committee process. It's where the public and journalists have the chance to see what senators are thinking and what compromises may be on the table when it comes to any particular piece of legislation. So, how does Nieves get away with something like this? Well, the Missouri Constitution says the General Assembly "may determine the rules of its own proceedings, except as herein provided." Basically, as long it doesn't violate the Missouri Constitution, they can run the show how they want. But, as people wiser than I (I mean my parents) have said: just because you can do something, doesn't mean you should. Source: Capitol Notes, Springfield News-Leader, Jonathan Shorman, 2/3/2014 Show Me Institute: Missouri law is very clear that recordings shall be allowed at public hearings Patrick Ishmael in June 2016: As we noted two years ago, one of the key elements to ensuring good government is transparency, and while we do not agree with Progress Missouri about much, the documentation of public meetings is one issue where our positions align. Missouri law is very clear that recordings shall be allowed at public hearings, and that their regulation should ensure only that such recordings are not overly obtrusive. The public should be able to record these hearings as they choose, but if they do not, then the Senate should be recording every public hearing they have. That the Senate is not already recording each hearing covered by the Sunshine Law itself is cause for concern, but that our elected representatives would go on to dispute the rights of private individuals to do so in their place is even more alarming. The Senate should change its recording policies to carry out the intent of the Sunshine Law: to ensure the public can see and hear what its government is doing, and why. Video of one incident: 13

15 At Sen. Brian Nieves s request, a doorman asks a KOMU reporter to remove his video equipment before the hearing on a gun bill begins. 14

16 CLEAN MISSOURI WILL REQUIRE THE LEGISLATURE TO FOLLOW THE SAME OPEN RECORDS LAWS IT CREATES FOR OTHER PUBLIC BODIES The amendment will ensure that the legislature operate under the same open records law as other public entities in Missouri Because Clean Missouri would require legislators to follow the Sunshine Laws, it would mean the following solutions: No more reporters or citizens forbidden from recording hearings. No more private hearings of public committees. No more secret lobbyist gifts to legislative slush funds. No more claims that legislators are not required to turn over s and records. Clean Missouri will also: Eliminate almost all lobbyist gifts in the General Assembly, by banning any gift worth more than $5. Require politicians to wait two years before becoming lobbyists, after the conclusion of their final legislative session. Lower campaign contribution limits for state legislative candidates to limit the influence of big money and lobbyists in state government. Establish new campaign contribution limits for General Assembly candidates $2,500 for state senate, and $2,000 for state house. Limit the ability of individuals and organizations to circumvent caps by counting money from single-source committees towards totals for original, actual donors. Stop legislative fundraising on state property. Ensure neither political party is given an unfair advantage when new maps are drawn after the next census, by adding criteria for fairness and competitiveness of the overall map, which will be reviewed by a citizen commission and keep compact and contiguous districts Questions? Contact Communications Director Benjamin Singer at benjamin@cleanmissouri.org. 15

The Path to Political Office: Encouraging Involvement in the Political Process Missouri State Rep. Bart Korman, P.E.

The Path to Political Office: Encouraging Involvement in the Political Process Missouri State Rep. Bart Korman, P.E. Engineering Public Policy Advanced Leadership Bart Korman Missouri State Representative